Paramount Commercial Southwest No. 3 FP13-032BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JULY 23, 2013
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF ONE (1)
BUILDING LOT ON 6.84 ACRES
INA C-G ZONING DISTRICT
BY: BRIGHTON INVESTMENTS )
APPLICANT )
CASE NO. FP-13-032
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on July 23, 2013 for final plat approval
pursuant to Unified Development Code (UDC) ] 1-6B-3 and the Council finding that the
Adminishative Review is complete by the Plaiming Division and Public Works Department, to
the Mayor and Council, and the Council having considered the requirements of the preliminary
plat, the Council takes the following action:
IT IS HEREBY ORDEREll THAT:
The Final Plat of "PLAT SHOWING PARAMOUNT COMMERCIAL
SOUTHWEST SUBDIVISION NO. 3, LOCATED IN TI-IE SW '/4 of SECTION
25, T.4N., R.1 W., MERIDIAN, ADA COUNTY, IDAHO, 2013,
HANDWRITTEN DATE: 06/25/2013, PATRICK A. TEALEY, PLS, SHEET 1
OF 2," is conditionally approved subject to those conditions of Staff as set forth in
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUNT COMMERCIAL SOUTHWESTSUBDNISION NO. 3 (FP13-032)
Page 1 of 3
the staff report to the Mayor and City Council from the Planning Division and the
Development Services Division, dated July 23, 2013, a true and correct copy of
which is attached hereto marked "Exhibit A" and by this reference incorporated
herein, and the response letter from Mike Wardle, Brighton Corporation, Inc., a
true and correct copy of which is attached hereto marked "Exhibit B" and by this
reference incorporated herein.
The final plat upon which there is contained the certification and signahu•e of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all ofi=site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUNT COMMERCIAL SOUTHWESTSUBDNISION NO. 3 (FP13-032)
Page 2 of 3
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the
~~~-
day of
~(,(f , 2013.
By:
Tammy de rd
Mayor, of Meridian
Atte$t: ~Q~4O,iI~~LD A L~CLS~, Igo
> ~'
City of
ayce olman E IDI~ 1 f~N~'
ID AA HHO
City Clerk ~ SEAL
^~ P~ .
~~f ~ ~ < <L e '[ k E'rSV~'~J
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
l!' Dated: ~ ' 13 ' ~ ?_~
4
i
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUNT COMMERCIAL SOUTHWESTSUBDIVISION NO. 3 (FP13-032)
Page 3 of 3
EXHIBIT A
STAFF REPORT
Meeting Date: July 23, 2013 E IDIAN~--
TO: Mayor and City Council
FROM; Bill Parsons, Associate City Planner
208-884-5533
Steve O'Brien, Development Analyst II
208-887-2211
SUBJECT: FP-13-032 -Paramount Commercial Southwest Subdivision No. 3
I. APPLICATION SUMMARY
The applicant, Brighton Investments, has applied for final plat approval of one (1} commercial building
lot on approximately 6.84 acres of land.
The subject final plat is consistent with the approved preliminary plat for this site.
II. STAFF RECOMMENDATION
Staff recommends approval of Paramount Commercial Southwest Subdivision No. 3 final plat subject to
the conditions noted below. These conditions shall be considered in fitll, unless expressly modified or
deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
1 move to approve File NumberFP-13-032 as presented in the staff report for the hearing date of July
23, 2013, with the following modifications: (Add any proposed modifications.)
Denia]
1 move to deny File NumberFP-13-032, as presented during the hearing on July 23, 2013, for the
following reasons: (You should state specific reasons for denial.)
Continuance
l move to continue File Number FP-13-032 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The property is located near the northeast corner of N. Linder Road and W. McMillan Road in
SW '/4 of Section 25, T.4N., R.1 W.
B. Applicant/Owner:
Brighton Investments
12601 W. Explorer Drive, Suite #200
Boise, Idaho 83713
V. STAFF ANALYSIS
The proposed filial plat consists of one (1) buildable lot on approximately 6.84 acres in a C-G zoning
district. The proposed final plat is the fourth phase of the Paramount Commercial Southwest preliminary
plat approved by Council in 2007. The only landscape requirement for the plat is a 10-foot landscape
buffer adjacent to W. Deer Crest Street, (local street) and the required landscape easement has been
Paramount Commercial Southwest Subdivision No. 3 FP.doc -1-
EXHIBIT A
depicted on the plat. The installation of landscape buffer is not required until the ]ot develops. The
Plannhrg Division is cw•rently processing a development application for the proposed lot. For this reason
the applicant has not submitted a landscape plan for review and approval.
The project was also conditioned to construct a north/south private sheet that connects W. Deer Crest
Street and W. McMillan Road. At the time this conditioned was imposed, private streets were allowed to
connect to arterial streets. Now that private street section of the ordinance prohibits private sheets fiom
connecting to arterial streets (W. McMillan Road), staff is of the opinion that this condition is no longer
warranted and directly contradicts the private sheet standards in the Unified Development Code (UDC).
The submitted plat depicts the recorded cross access agreement in effect for the proposed development.
Since cross access is being provided, staff finds that the requirement of the private street has been
satisfied.
Because the number of buildable lots is fewer as allowed by UDCII-6B-3C.2, staff finds the proposed
plat to be in substantial compliance with the approved prelhnhrary plat.
VI. SITE SPECIFIC CONDITIONS
Applicant is to meet all terms of the approved Paramount development agreement (instrument #
103137116), amrexation (AZ-03-006), conditional use permit (CUP-03-008), Paramount
Commmercial Southwest modified development agreement (instrmnent #107145935), amended
DA approved with file MDA-13-010, preliminary plat (PP-07-011), final plats (FP-08-001, FP-
10-007 & FP-12-019), property boundary adjustment (PBA-13-014) and time extension (TE-09-
023)applications for this subdivision.
2. The applicant has until May 17, 2015 (or 2 years from the date the City Engineer sighed the most
recent plat) to obtain City Engineer's signatw•e on the final plat or apply for another time
extension in accord with UDC 1 ]-6B-7.
3. Prior to submittal for the City Engineer's signiature, have the Certificate of Owners and the
accompairying acknowledgement signed and notarized.
4. The final plat prepared by Tealey's Land Surveying, stamped on 06/25/13 by Patrick A. Tealey,
is approved with the following comments:
a. Include the amended development agreement instrument number in note #2.
5. All fencing installed on the site must be in compliance with UDC 71-3A-6 and I1-3A-7.
Temporary construction fencing to contain debris shall be installed at the subdivision boundary
prior to release of building permits for this subdivision and/or provide written doeutnentation that
scheduled hash pick-up will occur dw~ing construction of the proposed development.
6. The subject property shall be subdivided prior to issuance of any building permits.
7. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the applicant of responsibility for compliance.
VII. GENERAL REQUIREMENTS
Per UDC l 1-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
Paramount Commercial Southwest Subdivision No. 3 FP.doc -2-
EXHIBIT A
owners), with written approval or non-approval submitted to the Public Worlcs Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2. Street signs are to be in place, water system shall be approved and activated, fencing installed,
sewer line shall be installed and passed air test and video inspection, final plat recorded and road
base shall be approved prior to applying for building permits.
3. A letter of credit or cash surety in the amount of I10% shall be required for all uncompleted
fencing, landscaping, amenities, pressurized h-rigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing, micro-paths,
pressurized h~rigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy, or as otherwise allowed by UDC 11-SC-l .
5. A written certificate of completion shall be prepared by the landscape architect, landscape
desigter or qualified nurseryman responsible for the landscape plan upon completion of the
landscape installation. The Certificate of Completion shall verify that all landscape
improvements, including plant materials and sprinkler installation, are in substantial compliance
with the approved landscape plan.
6. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to siguahu~e on the final plat.
8. Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered baekfill, where footing would sit atop fill material.
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
10. Applicant shall be responsible fa• application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
11. All development feahu~es shall comply with the Americans with Disabilities Act and the Fah•
Housing Act.
12. Any tree over 4" ht caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be removed.
Paramount Commercial Southwest Subdivision No. 3 FP.doc -3-
EXHIBIT A
13. Arry existing domestic well system within this project shall be removed from domestic service per
Ciry Ordinance Section 9-1-4 and 9-4-8 contact the Ciry of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used far non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
14. Any existing septic systems withht this project shall be removed from service per City Ordinance
Section 9-I-4 and 9-4-8. Contact Central District 1-lealth for abandonment procedures and
inspections (208)375-5271.
15. The engineer shall be required to certify that the sheet centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or the ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required before
a certificate of occupancy is issued for any structures within the project.
17. At the completion of the project, the
per the City of MeridianAutoCAD
approved prior to the issuance of a
project.
applicant shall be responsible to submit record drawings
standards. These record drawings must be received and
certification of occupancy for any structures withht the
V. >JXHIIBITS
A. Zoning/VicinityMap
B. Approved Preliminary Plat
C. Proposed Final Plat
Paramount Couunercial Southwest Subdivision No. 3 FP.doc -4-
IJXHIBIT A
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Paramount Commercial Southwest Subdivision No. 3 FP.doc -5-
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Paramount Commercial Southwest Subdivision No. 3 FP.doc -7-
Bill Parsons
From: Mike Wardle <MWardle@brightoncorp.com>
Sent: Wednesday, July 17, 2013 8:48 AM
To: Jacy Jones; Jaycee Holman; Machelle Hill
Cc: Bill Parsons
Subject: RE: Paramount Commercial Southwest Subdivison No. 3 staff report for 07/23/13 CC MTG
We have reviewed the staff report for Paramount Commercial Southwest Subdivision No. 23 and concur with
staff's recommendation for City Council approval with the proposed Site Specific Conditions; and request that
the matter be placed on the Council's consent agenda. I will attend the meeting to answer Council questions,
if any.
Michael Wardle
Director of Planning
Brighton Corporation
12601 W. Explorer, Suite 200 I Boise, Idaho 53713
Direct 208.287.05721 Ccll 208.863.6150
_._.__.
From: Bill Parsons [mailto:bparsons@meridiancity.orgl
Sent: Tuesday, July 16, 2013 4:02 PM
To: Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill; Mike Wardle
Cc: Caleb Hood; Justin Lucas
Subject: Paramount Commercial Southwest Subdivison No. 3 staff report for 07/23/13 CC MTG
Attached is the staff report for the proposed Paramount Commercial Southwest No. 3 final plat application
(File #FP-13-032). This item is scheduled to be on the City Council agenda on July 23, 2013. The public
hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with
any questions.
Mike -Please submit a written response to the staff report to the City Clerk's office
(jholman@meridiancity ora, mhillC~meridiancitv.ora, jionesC~meridiancitv.or~) and myself (e-mail or fax) by
3:00 pm the Thursday prior to the hearing. If you are in agreement with the conditions of approval
contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your
item vrill be placed on the consent agenda; consent agenda items are passed in one motion by the Council at
the beginning of the meeting. Note: If you are in agreement with the'staff report, it is still recommended
you attend the meeting in the event the item is pulled off of the consent agenda.
If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of
approval, your project will be placed on the regular agenda.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsous@meridiaucity. org